Madras High CourtWP(MD)/11084/2017dismissed

S.Chinnaiah v. The District Collector

2017-09-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11084 of 2017 S.Chinnaiah .. Petitioner Vs.

1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.

2.The Assistant Commissioner (Excise), Collectorate Campus, Sivagangai, Sivagangai District.

3.M.Salai Narayanan .. Respondents (R3 is impleaded vide court order dated 18.07.2017 in W.M.P.(MD)No.8805 of 2017) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, direct the first respondent to take appropriate action against the persons who are all involved in the alleged irregularities as per the enquiry report filed by the 2nd respondent dated 20.10.2015. For petitioner : Mr.K.C.Ramalingam For Respondents 1 & 2 : Mr.M.Govindan Special Government Pleader For 3rd Respondent :No appearance

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner wants action to be taken against certain erring officials on the basis of the enquiry report dated 20.10.2015 submitted by the second respondent herein. 2.The first respondent has however declined to accept the said report. The first respondent has made it clear that the fresh enquiry was orderd and that no wrong doing or misuse of funds was noticed.

https://hcservices.ecourts.gov.in/hcservices/ 3.Since the first respondent has taken a categorical stand, we are not in a position to issue a direction as sought for by the

writ petitioner. There are no materials before us warranting issuance of the direction as sought for by the writ petitioner. But the dismissal of this writ petition will not preclude the Government from taking appropriate action in accordance with law. 4.With this observation, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.

2.The Assistant Commissioner (Excise), Collectorate Campus, Sivagangai, Sivagangai District.

+1cc to Mr.P.VENKATASUBRAMANIAN,Advocate,SR. 77041 +1cc to Mr.C.RAMALINGAM,Advocate,SR. 77036 +1cc to M/S.Special Government Pleader,SR. 77689 W.P(MD)No.11084 of 2017 06.09.2017 VSG/RMK KK/MR KKR/SAR 1/26.09.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/